Mr Eliot Henderson

Eliot Henderson

Lawyer biography

Eliot Henderson assists clients on a broad range of commercial and financial disputes.

Eliot has experience acting on high-value financial disputes, personal and corporate insolvency matters and international breach of contract claims.

 


Updates

Litigation

Innocent party entitled to damages even though performance of contract was impossible
United Kingdom | 30 July 2019

A recent Court of Appeal case considered the proper interpretation of exceptions or force majeure clauses and provided guidance on the correct application of the compensatory principle of damages. This case provides yet another warning about the need for clarity in drafting contractual clauses and the implications of getting it wrong.

Enforceable oral contracts – Supreme Court looks to conduct and context
United Kingdom | 05 March 2019

The Supreme Court recently showed that it is reluctant to find an agreement too vague or uncertain to be enforced where the parties intended to be contractually bound and acted on their agreement. In these proceedings, three courts came to differing conclusions, which highlights the difficulties inherent in assessing contract formation and implied terms, especially where there is no agreement in writing.

Five ways civil courts are fighting back against cybercrime
United Kingdom | 06 November 2018

The proliferation of fraud and blackmail offences carried out online has left victims, and the courts, playing catch-up. However, in a number of recent cases, the civil courts have shown that they are adapting to keep pace with cybercriminals and are addressing the imbalance that exists between victims and criminals who seek to hide behind a veil of anonymity in this digital age.

Court finds no contract without parties' signatures
United Kingdom | 12 June 2018

In a recent dispute about the existence of a contract, the High Court found that the parties intended to be bound only when all parties had signed. An open-ended duty to negotiate in good faith was void for uncertainty and the claim was struck out. This case is a useful reminder of several principles, including that an obligation to negotiate in good faith must be tightly drafted and time limited in order to be effective.

Beware of the risks when notifying warranty claims
United Kingdom | 13 February 2018

In a recent case, the Court of Appeal upheld the High Court's decision to strike out certain breach of warranty claims on the basis that the buyer had given the seller inadequate notice of those claims. The buyer's attempt to keep its options open by drafting its notices widely proved fatal to its claims, as it failed to identify the specific warranties to which its claims related as required by the share purchase agreement.